The elderly population in America is growing quickly. According to the 2010 Census, more than 40 million people are at least 65 years old. Almost six million of that group are 85 or older. This oldest segment is expected to grow by 20% in the next 40 years. This growth is causing a great increase in the number of nursing homes. Without action, elderly abuse statistics will continue to grow.
The statistics regarding elderly abuse in nursing homes are quite alarming. It is estimated there are two million cases of elder abuse reported annually. One out of 10 elderly will eventually experience some type of elder abuse. Also, many experts in nursing home issues report that most elderly abuse cases are unreported.
To get a better understanding of the problem of elder abuse in nursing homes and what to do about it, it is important to understand some basic facts about it. Below is more information, including legal options.
Elder abuse is defined as any action that victimizes an elderly person to the gain of another person. Family members may not have the skills and financial resources to provide the needed care for elderly family members with special medical needs. Their only choice as their loved one ages is to delegate that work to a skilled nursing home. When a nursing home assumes responsibility of caring for an elderly person, there is trust needed between the nursing home, the elderly person and the family.
But when the relationship of trust is broken due to elderly abuse, the person and the family may be able to sue the nursing home to recover damages for injuries. Today, elderly abuse in nursing homes can lead to civil lawsuits and even criminal charges in most states. It is important to remember that nursing homes owe the elderly person and their family a duty of care. If that is breached, then you could have legal options that can include compensation for damages – both physical and emotional – for your loved one.
Elderly abuse is a growing problem in nursing homes, and affects four percent of the elder population each year. Still, fewer than one in 14 cases is ever reported. Also consider this concerning statistics:
But it is important to note that statistics on elder abuse in these facilities are often incomplete. Many senior citizens cannot communicate because of mental and physical disabilities. Others may fear retaliation from staff members in the nursing home if they report any incidents. A strong sense of helplessness could force the senior citizen to minimize or dismiss mistreatment because of a belief that there is not alternative but to continue in that environment.
Federal and state government officials have noticed the issues with elder abuse and are trying to increase oversight of elder care and nursing home facilities. Federal law does not state anything specifically about this problem, but all 50 states offer services and assistance for victims of this crime.
Those who are accused of committing elderly abuse may be charged under that jurisdiction’s criminal code for such crimes as assault and battery, fraud, rape, etc. Other states have adopted new statutes that specify criminal penalties for elderly abuse.
Private people and organizations also often are filing lawsuits when there is evidence of negligence. Family members of elder abuse victims should always keep watch for signs of abuse and neglect.
There are five basic types of elderly abuse that can occur either inside or outside nursing homes:
Below are the common signs of the various types of elder abuse.
It is recommended by the National Center on Elder Abuse to call 911 if you suspect an elderly person’s life is in danger due to abuse and neglect in a nursing home. If the danger is not immediate, but you think abuse is occurring, you should call the local adult protective services agency in your city or county, or call the police.
After you have called in the local authorities, an investigation will be initiated. This investigation could take weeks or even months. At this point, it can be wise to secure legal counsel. If you decide to file an elder abuse lawsuit, your attorney can help you with the following:
If the attorney believes the case is strong enough, she will take the elderly abuse case on a contingency basis. This means the lawyer will be paid approximately ⅓ of whatever settlement or judgement is awarded. The percentage the attorney takes could be higher if the case goes through a lengthy trial or appeal.
If you suspect your loved one has been a victim of elderly abuse, it is important to talk to a qualified attorney in your state immediately.
References
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